We have all heard the question, “How many angels can dance on the head of a pin?” Well this is what is going on here. There are many angels dancing on the head of the same pin.
This law did exist in the past. However, Canon Law no longer excludes those whose parents were not validly married from either Holy Orders or religious life. Additionally, there are some things that we are forgetting.
First: no one has the right to be ordained or to make religious vows. These are privileges for a few, not the right of the masses.
Second: there is no law that says that a person who is born outside of marriage must be admitted to either Holy Orders or vows.
Third: the SSPX a clerical institute of apostolic life. It is not a community of consecrated men. They are secular priests. However, they are not diocesan priests. They belong to a society.
Fourth: Societies, religious congregations, and religious orders can make any laws they want regarding who is admitted to ordination, as long as those laws are not contrary to Canon Law or to justice.
There is nothing in Canon Law for or against the ordination of men who are born of an invalid union. One could say that because the child is not guilty of the sins of the parents, the child should not be penalized. This is true. To penalize such a child is a grave injustice.
However, because no one has the right to be ordained: deacon, priest or bishop and no one has the right to be a brother, sister or nun, justice is not violated when the person is denied because of the circumstances of their birth.
Is such a rule useful today? I would have to disagree. I know many men who have born in invalid relationships and they make excellent deacons, priests, bishops, brothers, friars and monks.
I believe that times have changed. In the past, there was the whole question of scandal. People were scandalized if a clergyman or a religious was born outside of a valid marriage. That is no longer the case. Some people don’t care, which is not the proper attitude . . . but other people do care while they have a great capacity for compassion. This latter group does not hold the sins of the parent against the child. It is MY opinion, that such a rule is outdated. Someone would have to show me the harm done to the Church, the institute, to the ministry or a legislation in some other document outside of Canon Law…
Fraternally,
Br. JR, OSF